Permit Adjustment Exemptions for Works Licensed Before 2026

Permit Adjustment Exemptions for Works Licensed Before 2026 is a matter of concern for many investors, organizations, and individuals during the construction implementation process, especially when the need for design changes or optimization arises after the permit has been granted. Accurately determining the transition period and exempt subjects helps investors strictly comply with construction order regulations while optimizing administrative procedures. 

In what cases is it necessary to amend a current building permit?

Based on current regulations in Clause 1, Article 98 of the Construction Law 2014, investors are required to carry out procedures to adjust the construction permit when there are design adjustments that change the core contents of the granted permit, specifically in the following cases:

1. Changing exterior architectural form: Applicable to works located in urban areas with architectural management requirements. This adjustment must be re-appraised to ensure synchronization with planning, landscape, and compliance with approved local architectural criteria.
2. Changing factors regarding scale and load-bearing structure: Including changes in location, construction area, scale, height, number of floors, and other factors directly affecting the main load-bearing structure. These are material changes affecting the safety and lifespan of the work, requiring intervention and re-approval from specialized agencies to prevent incident risks.
3. Adjusting interior design changing usage functions: In cases where this adjustment affects safety conditions, fire prevention and fighting, and environmental protection (e.g., converting from residential to commercial/service use). When functions change, load requirements and technical systems also change, requiring strict control to ensure safe operation.

>>> See more: Adjustment of Construction Permits for Special-Grade, Grade I, and Grade II Works

Under what circumstances can a construction project that was granted a permit before January 1, 2026, have its construction design modified without requiring a permit amendment?

Based on the transitional regulations in Clause 2 Article 94 and Clause 3 Article 95 of the Construction Law 2025, the management mechanism for works licensed before January 1, 2026, is implemented as follows:

1. Principle of Permit Adjustment Exemption: Works that have been granted a construction permit under the Construction Law 2014 but fall under the category of works exempt from construction permits according to the regulations of the new Law (Construction Law 2025) will not have to carry out procedures to adjust the construction permit when there are construction design adjustments.
2. Conditions for Application: To enjoy this mechanism, the work must satisfy two prerequisite conditions simultaneously:

• Have a legal construction permit granted before January 1, 2026.
• The type of work belongs to the list of works exempt from construction permits prescribed in Article 43 of the Construction Law 2025.

3. Change in Management Responsibility: The Investor’s obligation shifts from asking for permission from state agencies to an autonomy mechanism: self-organizing the appraisal and approval of adjusted designs and taking comprehensive responsibility for construction safety.
4. Purpose and Significance: This regulation has a beneficial retroactive nature, aiming to eliminate overlap in state management, synchronize the legal ground between old and new works, and help save compliance time and costs for businesses during the law transition period.

>>> See more: Fire protection permits for construction works: Process and procedures

Which types of construction projects are exempt from building permits starting January 1, 2026?

Based on Clause 2, Article 43 of the Construction Law 2025, the list of works exempt from construction permits from January 1, 2026, is classified as follows:

Group of Special Works and Key Public Investments:

• State secret works; emergency/urgent construction works; works belonging to special public investment projects; works belonging to investment projects under special investment procedures; temporary construction works according to this Law; construction works in areas of land used for defense and security purposes according to land laws.
• Works belonging to public investment projects where the investment decision is made by the Prime Minister, heads of central agencies of political organizations, the Supreme People’s Procuracy, the Supreme People’s Court, State Audit, Office of the President, Office of the National Assembly, Ministries, ministerial-level agencies, government-attached agencies, central agencies of the Vietnam Fatherland Front and socio-political organizations, and Chairmen of People’s Committees at all levels.

Group of Works with In-Depth Technical Appraisal:

• Linear works passing through two or more provincial-level administrative units; linear works outside areas oriented for urban development (determined by urban/rural planning or detailed sector planning approved/accepted by competent authorities).
• Offshore works belonging to offshore construction investment projects with sea areas assigned by competent authorities; airports, works at airports, works ensuring flight operations outside airports.
• Advertising works not subject to construction permits under advertising laws; passive telecommunications technical infrastructure works.
• Construction works belonging to construction investment projects where the Feasibility Study Report or Adjusted Feasibility Study Report has been appraised by a specialized construction agency and approved according to regulations. (This exemption helps eliminate duplicate appraisal and shortens the time to put the project into operation since structural safety and fire safety factors have been thoroughly reviewed previously).

Group of Individual Housing and Grade IV Works:

• Grade IV construction works, individual houses with a scale of under 07 floors and a total construction floor area of under 500 m2, provided they are not located in: functional zones/urban development areas defined in city general planning; functional zones/rural residential areas/urban development areas defined in provincial/city urban general planning; general planning of economic zones/national tourist areas; construction areas defined in commune general planning; areas with architectural management regulations.
• Repair/renovation works inside the building or repair/renovation works on the exterior not bordering urban roads with architectural management requirements; provided the content does not change usage purposes/functions, does not affect structural safety, and ensures fire safety, environment, and infrastructure connection.

Long Phan Consulting Company provides consulting services for Permit Adjustment Exemptions for Works Licensed Before 2026

Facing fundamental changes in the construction legal framework effective from 2026, Long Phan Consulting Company implements a specialized legal solution system, supporting Investors in ensuring compliance and optimizing project efficiency. Our support is structured into the following key areas:

1. Legal Review and Exemption Eligibility Assessment

• Support 1: Conduct in-depth analysis of the current project status and cross-reference between Construction Law 2014 and Construction Law 2025 to determine accurately if the project qualifies for the exemption from permit adjustment.
• Support 2: Provide optimal legal solutions to transition the project from the old management mechanism to the new autonomy mechanism, saving administrative costs.
• Support 3: Advise on the specific conditions required to meet the exemption criteria for Grade IV works and individual housing under the new regulations.

2. Technical Appraisal and Compliance Assurance

• Support 1: Directly support the review of adjusted design dossiers to ensure that all changes in architecture, structure, and function strictly comply with current national technical regulations.
• Support 2: Verify that design adjustments do not violate safety, fire prevention, and environmental protection standards, which are prerequisites for exemption.
• Support 3: Consult on the self-approval process for Investors, ensuring the internal approval documentation is legally valid.

3. Administrative Representation and Risk Management

• Support 1: Guide the completion of the archive system, notification of commencement, and necessary post-inspection procedures for works exempt from permits.
• Support 2: Represent the Client to carry out the full package procedure for cases where permit adjustment is mandatory: from drafting dossiers to explaining to state management agencies.
• Support 3: Provide comprehensive risk management advice to prevent disputes or penalties related to construction order during the transition period.

Frequently Asked Questions about Permit Adjustment Exemptions for Works Licensed Before 2026

Below are questions related to the adjustment of construction permits for projects with design modifications before January 1, 2026:

If a building already has a permit issued before 2026, will it be necessary to apply for a permit amendment if the number of floors is changed? 

If the construction project is exempt from building permits under the 2025 Construction Law (for example, a detached house with less than 7 floors, a total floor area of ​​less than 500m2, and not located in a special planning area), then no permit adjustment is required, even if the number of floors changes (provided it still meets the conditions of being under 7 floors and under 500m2 of floor area).

(Based on: Clause 3, Article 95 of the 2025 Construction Law)

If a rural construction project of level IV has an old permit and the design is being modified, does the permit need to be adjusted?

No permit adjustment is required if the project falls under the new regulations exempting construction permits (typically rural housing, excluding areas with detailed planning) and already has a permit issued before January 1, 2026.

(Based on: Clause 2, Article 43 and Clause 3, Article 95 of the 2025 Construction Law)

Does changing the exterior architecture of a building in an urban area require a permit adjustment? 

Yes, if the construction is located in an area with architectural management requirements and does not fall under the exemptions from permits under the new law.

(Based on: Point a, Clause 1, Article 98 of the 2014 Construction Law)

Are construction projects that are still underway eligible for the new permit exemption regulations? 

Construction projects that have already received permits and commenced before January 1, 2026, may continue. If design modifications are made after this date and fall under the exemption from permits according to the new law, no permit amendment is required.

(Based on: Clause 3, Article 95 of the 2025 Construction Law)

What size of detached house will be exempt from building permits starting in 2026? 

Single-family houses with fewer than 7 floors and a total floor area of ​​less than 500m2, not located in functional zones or planned urban development areas, will be exempt from building permits.(Based on: Point g, Clause 2, Article 43 of the 2025 Construction Law)

Does a construction project under a public investment plan require a permit adjustment when the design changes? 

No, if the project is a public investment project decided upon by the Prime Minister, the head of a central agency of a political organization, the Supreme People’s Procuratorate, the Supreme People’s Court, the State Audit Office, the Office of the President, the Office of the National Assembly, a Ministry, a ministerial-level agency, a government agency, a central agency of the Vietnam Fatherland Front and of a socio-political organization, or the Chairperson of the People’s Committee at all levels, then this group is exempt from construction permits.

(Based on: Point b, Clause 2, Article 43 of the 2025 Construction Law)

Do I need permission to modify the interior design in a way that changes its intended use? 

Yes, if the change in function affects safety, fire prevention, environmental protection, and the structure is not exempt from permits under the new regulations.

(Based on: Point c, Clause 1, Article 98 of the 2014 Construction Law)

Conclusion

Mastering the transitional regulations on construction permits helps clients save significant time and costs while eliminating risks during construction. Long Phan Consulting Company is committed to providing accurate, dedicated, and effective consulting solutions.

For in-depth support on adjustment procedures or appraisal of exemption conditions, please contact us immediately via Hotline 1900636389 to receive direct advice from our team of experts.